When most people think of trademarks, they think of names, logos, or taglines. But trademarks come in all shapes and sizes, and one of the most overlooked types is color trademarks. They might not be as flashy as logos, but color trademarks are an incredibly powerful way to protect your brand and help it grow.
In this article, we’ll discuss what color trademarks are, how they’re trademarkable, and some famous examples of companies that have successfully registered them. We’ll also give you some tips on how to make sure your trademark application has the best chance of getting registered. So read on to learn everything you need to know about color trademarks!
What Is a Color Trademark?
A color trademark is a type of trademark that is used to protect specific shades and hues of colors. To be registered as a color trademark, the color must have acquired what is called “secondary meaning.” This means that the color has come to be associated with a specific brand or product in the minds of consumers.
If you’re looking to register a color trademark for your business, you need to provide evidence that the color has acquired secondary meaning. This can be done through consumer surveys, focus groups, or by providing evidence of extensive use of the color by your company.
Once registered, a color trademark can help you protect your brand and prevent other companies from using similar colors in their marketing materials and products.
Are Color Trademarks Trademarkable?
So, are color trademarks remarkable? It’s a tricky process, but yes!
In order to be trademarkable, a color must be able to identify and distinguish the company’s goods or services. This is usually done by having a distinct and different color that is used solely by that company. 3M is a great example of this. They have two colors that are registered trademarks: purple and their dark blue horizontal oval with white text.
Sometimes though, it’s a bit more challenging to successfully register a single color. To make the process easier, and to leave a more lasting impression, some brands use two or more colors! Take Mcdonald’s for example. The yellow M wouldn’t have as much impact without its signature red background.
While multi-colored trademarks leave a deeper impression, single-color brands also find their way into the mainstream given enough time and exposure.
If you’re familiar with jewelry, Tiffany Blue might ring a bell? Or maybe with fashion— Christian Louboutin Red Soles? Other great examples would be Reese’s orange, Target’s red, Barbie pink, and UPS brown. All these brands have sealed their identity by using color trademarks.
Your color trademark will be effective by making sure that it’s used consistently across all aspects of your marketing. This will help to create a strong association between your company and that particular color.
Benefits of Using a Color Trademark
Now that you know more about color trademarks, let’s talk about the benefits of using one. First of all, having a color trademark allows you to distinguish yourself from the competition and build trust with your customers. After all, when people think of your brand’s bright pink or sunny yellow, they will instinctively know it’s yours.
Another great benefit of having a color trademark is that it can increase your visibility in the marketplace. The more people see and become familiar with your chosen color and logo design, the more they will remember you. This could lead to more sales and growth for your business over time.
Finally, a color trademark can also serve as a form of protection. Because the law recognizes trademarks as intellectual property, other businesses may not be able to use the same colors or logo designs without fear of legal repercussions.
How Can Color Trademarks Be Used to Protect Your Brand?
Your brand’s colors are an important part of your identity. They can help customers distinguish your products from the competition, and can be a valuable asset for your business.
That’s why it’s important to protect them by trademarking them. A color trademark requires proof of “secondary meaning” – in other words, that the color is associated exclusively with your brand. This can be established through consumer surveys, focus groups, and other research.
Once you have a registered trademark, you can use it to protect your brand’s designs and logos. It can also be used to protect the color itself, so that no one else can use it in connection with their products or services.
This can be a powerful tool for protecting your brand and helping it to grow.
Examples of Successful Color Trademarks
Have you ever seen a company’s logo and immediately known who it belongs to? Chances are that their trademarked colors played an important role in making that possible.
For example, Google is known for its use of the colors red, yellow, blue, green and the combination of each one together. The same goes for Instagram and its unique combination of gradients of purple, pink and orange. Not only do these colors work well together but they also represent the brand’s messaging—such as Google’s promise of providing users with informative fun, or Instagram’s promise to connect users through photos.
Coca-Cola is another great example of a successful color trademark. For over 130 years they have kept the same classic combination of red and white, which has become synonymous with their brand image all around the world.
These companies have used color trademarks effectively to ensure their branding stands out from others in their industry. Even if another company uses similar colors it won’t be confused with theirs because it won’t match the exact hue or precise combination of colors. Trademarking a unique color palette can help you protect your brand messages and create a lasting impression on customers.
Best Practices When Using and Registering a Color Trademark
Have you decided to trademark a color for your business? To ensure that you have the best protection, you should take the time to properly register your trademark with the USPTO. You can apply for trademark registration using ™ or ® symbols. These symbols indicate that the color is being used as a trademark and is protected by federal laws.
It’s also important to remember that to use a color mark as a trademark, you must prove that it has “acquired distinctiveness” or “secondary meaning” in public perception. This means that consumers associate with the product due to its use of a specific color.
Once approved, you should protect your trademarks using common legal practices such as monitoring competitors and pursuing infringers when necessary. Doing so will help protect your brand in the market and prevent other businesses from profiting from your hard work and creativity.
TLDR?
When it comes to trademarks, color is king. And as a business, you need to know how to protect your brand by registering for a color trademark.
Trademarks that are registered for a certain color, or range of colors, associated with a product or service are color trademarks. They are protectable under federal law and can be extremely helpful in protecting your brand from infringement.
There are a few things to keep in mind when registering for a color trademark, however. First, the color needs to be distinctive to your business and products or services. Second, you have to provide proof that the color is strongly associated with your brand. And finally, the color can’t be too similar to another company’s color trademark.
As long as you can meet these requirements, a color trademark can be a powerful tool in protecting your brand. And in return, they can help grow your business.
Get your trademarks done right!